UN asked to act against ‘systematic persecution and jailing of Turkish judges and prosecutors’

UN asked to act against ‘systematic persecution and jailing of Turkish judges and prosecutors’
A human rights mural outside a public education building in Bayramic, western Turkey.
By bne IntelliNews July 19, 2019

An international coalition of lawyers has urged the UN human rights council to take urgent action against what it describes as the systematic dismissal, persecution and jailing of thousands of judges and prosecutors in Turkey.

Following the failed coup in July 2016, President Recep Tayyip Erdogan’s administration launched a wide-ranging purge of officials using emergency powers. This led to suspects being convicted of terrorism “without credible evidence”, according to the Law Society of England and Wales, which has coordinated a submission to the UN body centred on a 25-page document submitted on July 18.

There were existing concerns about human rights violations under Erdogan prior to the failed putsch, the submission says, but since botched coup attempt the judiciary’s independence has been violated through the arbitrary arrest, detention and prosecution of lawyers, it alleges. Turkey has also been ranked as the world biggest jailer of journalists for the past three years by Reporters without Borders. Its approach to human rights is all a big factor in the de facto freezing of its application to join the EU.

Simon Davis, the president of the Law Society of England and Wales, said: “Judges’ and prosecutors’ independence has been systematically undermined in Turkey since the failed coup in 2016. Lawyers who can still practice report intimidation and threats.”

Menacing environment”

Davis added: “This menacing environment undermines the right of every citizen to legal representation and a fair trial, which may explain why Turkish citizens submitted more than 57,000 petitions to the European court of human rights in 2017. But that court will only take on cases where every domestic remedy has been exhausted, and it does not yet recognise that Turkish citizens have no effective domestic remedy, so they are being sent back to the Turkish courts in their thousands.”

The Law Society says that in the purge 4,260 judges and prosecutors have been dismissed. Of these, 634 were convicted on terrorism charges, it adds. Another 1,546 lawyers have been prosecuted and 311 sentenced to a total of 1,967 years in prison.

The report is backed by the International Bar Association’s Human Rights Institute, the Bar Human Rights Committee of England and Wales, Lawyers’ Rights Watch Canada, the Paris Bar Human Rights Institute, the European Association of Lawyers for Democracy and World Human Rights, the human rights committee of the Norwegian Bar Association, and other legal organisations.

Approximately 500 administrative personnel working for Turkey’s supreme court, the council of state, court of accounts and council of judges and prosecutors have been also dismissed. Only eight have been reinstated.

The report sent to the UN states: “Numerous legislative and constitutional amendments have given the government of Turkey unprecedented control over the judiciary and prosecutorial authorities, thereby undermining judicial and prosecutorial independence, as well as the rule of law.

“These amendments have been used to harass and persecute legal professionals, not only to suppress dissenting voices but also to restrict and criminalise work carried out by lawyers in the exercise of their professional duties. Within 24 hours of the attempted coup, 2,740 judges and prosecutors were suspended for alleged links to the Gulenist movement [the group allegedly behind the failed coup].”

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